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Updated Pathways to Permanent Residency for 482 and 457 Visa Holders

Temporary Visas in Australia Remains High

Subclass 482 Short-Term Skilled Occupation List (STSOL) visa holders

As one of the measures to facilitate a pathway to permanent residence for short-term skilled visa holders, the Government has announced changes that allow Sc 482 holders to apply for a third Sc 482 visa onshore from 1 July 2022.

To be eligible for a third Sc482, you should meet the following requirements:

  • were in Australia as the holder of a Sc 482 visa in the Short-term stream for periods that total at least 12 months between 1 February 2020 and 14 December 2021and
  • make that further application before 1 July 2023 unless the Minister specifies a later date.

To facilitate the pathway to a permanent visa for this cohort, changes have been made to Schedule 1, Item 1240(3)(b)(ii) and new clauses inserted at 1240(3A) and (3B).

Subclass 457 visa holders

The Government has introduced a new Legislative Instrument that allows an exemption from the age requirement for a new class of specified visa holders in the Employer Nomination Scheme Temporary Resident Transition Stream for Sc 186 visas (Regulation 186.221(b)) from 1 July 2022.

This age exemption applies to what the instrument calls legacy 457 workers.

The definition of legacy 457 workers for a Sc 186 visa application means a person who:

  1. held a subclass 457 visa on 18 April 2017 or applied for a Sc 457 that was subsequently granted; and
  2. was in Australia for at least 12 months between 1 February 2020 and 14 December 2021.

There is no age limit specified for legacy 457 workers in this Instrument.

Unfortunately, the remaining Regional Sponsored Migration Scheme (Sc 187) visa applicants are not covered by this new Instrument.

If you believe you meet the above criteria and are eligible for these new arrangements, please schedule a consultation with our team.

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